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pepperD, October 30, 2015 in Success Stories
I must thank the Veterans on this forum for sharing their stories, successes and wisdom. My appeals at the Veterans Board of Appeals finally granted my claim for sleep apnea. It's taken 6 years and 3 C&P run around to finally get a favorable decision. The advise provided on this forum kept me motivated to stay with it and not back down. BVA's last attempt in July 2015 to close my appeal was thwarted by my refusal to give in. I disagreed with their "findings" and was able to prove that the C&P examiners were not considering all evidence presented. My first C&P examiner flat out refused to acknowledge sleep apnea even though my record stated I had mild-sa, but I wasn't on a CPAP. Forward to 2014, I got a Nexus from my private doctor that stated in his medical opinion, symptoms I was experiencing in 2007 were the same I was currently having. Testing confirmed SA and CPAP issued. Follow up C&P doctor did everything he could to contradict the test results. He even went as far as to recalculate the math and his number came up less than what the Sleep test showed. (Beware of doctors at Jackson, MS C&P clinic) they have screwed up 2 rounds of C&P's. When BVA came back to me in July 2015 and wanted me to agree that my claims should be closed, I did more research, got 6 months worth of CPAP usage data together and filed a VA Form 9 and pointed out everything the Dr. at Jackson VA did that wronged my claim. I pointed out the facts of my case again, 4th document to BVA, same subject. This time the Vet Law Judge concurred with the evidence. The nexus letter from current doctor, though it was overlooked previously was mentioned in the letter from BVA.
Now the waiting game again while the AOJ in North Carolina re-adjudicates my claim for all the other items they failed to properly award compensation. Though I may end up with another C&P exam for my lumbar spine, I feel much success finally getting to this point. All the Vets that post their questions, cases and opinions on this site certainly helps other like me to see and stay motivated to fight VBA for what they deserve.
I'm not done with the fight and will continue to learn from advice on these forums. For those Vets that just received their first statement of case and feel they've been handed an unjustified low compensation rating, I say to you, dig in and fight like a Vet! It will be a long time consuming fight, but with the help of this forum you will get what is due to you so don't be afraid to ask for help. The Vets on this forum have years of experience and many have fought and won numerous claims that VA originally denied.
Congratulations! The sweetness of your victory came at a price but it was worth it.
Congratulations on your win and on not giving up. Good luck with your other contentions and thank you for your service.
Oh man, Congratulations on your win! I hope my own SA claim doesn't take that long, I've been on CPAP for 2 years. But I've only just begun that particular journey. Again, congrats on the win!
Congratulations on your win!! I hope your other contentions are decided in your favor as well, and good luck to you!
Appreciate the support from all of you and wish everyone as much or more success than I've had. The AOJ seems to wants to string us along in the hope that we'll just give up after the initial appeal. I was low balled on every issue and many were 0% initial awards. After putting together all the specific and requested data, I was able to clarify where the AOJ had made mistakes and for some issues clearly did not read the evidence presents. The Board of Appeals has served me we'll.
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